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Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....rigorous imprisonment for 5 years and to pay a fine of Tk. 5,000/‑ in default, to suffer rigorous imprisonment for one year. He further ordered that half of fine if realised be given to victim Kalachand. 2. Prosecution case may briefly be stated thus:‑ On 10‑6.84 at about evening tim......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ...... 5. The petitioner has not annexed the initial order of rejection passed by the Returning Officer. It appears from the appellate order, Annexure‑D to the petition, that the concerned authority took note of the relevant facts that the petitioner took loan to the tune of Tk. 2 lacs in 1980 from the ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....zen does not attract the provision of section 2 (1) of the Special Powers Act and a person cannot be convicted under section 16 for committing theft of such property. 14. Mr. Hasan, on the other hand, submits that the loss due to theft of the motors incurred was loss although apparently to the ......he material point for our consideration is whether the prosecution was able to prove its charge under section 16 of the Special Powers Act, 1974 against the accused. In this case from the evidence as noted earlier it appears that the electric motors were the property of the Project given by the Gove..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....rder 9 rule 13 of the CPC was brought on 17.5.85. Therefore, the application was clearly barred by limitation. 7. Mr. Miah Abdul Gafur, the learned Advocate for the opposite party, on the other hand, submitted that the order sheet would show that no summons was at all issued for service upon t...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ritten and the signature of the guardian is found there. While he was Head Master of that Primary School, there was no document to show the age or date of birth of Uma Rani. 12. P.W.4 Sree Kartic Chandra Paul is the neighbour of the informant. It is stated by him that in the night following 15.2.......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
..... 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For Opposite Parties. Civil Revision No.452 of 1986.......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....er section 376 read with section 4(b)(c)/9 of the Cruelly to Women (Deterrent Punishment) Ordinance, 1983 cannot be sustained. 6. Mr. A.Q. Raisuddin Ahmed, the learned Advocate, on the other hand, for the State submitted that the court below arrived at a finding of fact as to the abetment o......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....use of Abdul Jabbar the informant came to learn that the injured persons went to the house of Dr. Golamuddin of village Titkur for treatment and that one of the injured persons had talk with P.W. Dipchand. The informant went to the house of Dipchand who, on being asked, reported that out of the said...... is nothing on record to show that the accused persons made the confession out of fear or torture or maltreatment of the police and or that the confession was the result of inducement. Wehave already noted that the learned Magistrate recorded the confessional statement in respect of both the condemn..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....mstances of the instant case this decision will be helpful to the learned Advocate for the defendant‑petitioners.
10. Mr. M.A. Mannan, the learned Advocate for the opposite party, on the other hand, submits, referring to Order 20 rule 5 of the Code of Civil Procedure which has been amended by......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
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Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgme......s in possession within twelve years before the institution of the suit. Even if his possession is made out, he cannot succeed, if the title lies with the defendant." 12. It is really surprising to note that a decree has been passed on the basis of adverse possession alone without framing any issu..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul K......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....R 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC 310; Basanta Chandra Ghose Vs. Emperor 1945 AIR F.C. 18. = 46 Cr. L.J 559; Tamizuddin Ahmed Vs. The Province ......ontend that malafide vitiates everything. 11 A. The question of mala fide will be treated later. The moot question is whether the High Court Division correct" in taking the view as has been noted above. The jurisdiction is conferred by Article 102(2)(b) which is as follows: - "On..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....i Branch of Sonali Bank. Defendant No.1 Nurul Hoque and defendant No.2 Md. Shamsul Haque were the joint costodians of the cash of the strong room of the said Rajbari Branch of the Sonali Bank. Gopal Chandra Sarker, Asstt. Cashier of the Bank of Rajbari Branch defalcated Tk. 87,508/- on 4.8.78 from t......said two defendants Mr. Aminul Islam entered into the strong room with a view to verify the case of the strong room in the process of taking over charge. It was detected that 2000 pieces of 50 taka notes amounting to Taka 1 00 000/- (Taka one lac only) in two bundles were not found in the almirah...Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
.... other lands originally belonged to one Rahimuddin and Rupson Bibi in moiety share. Rupson died leaving her 2 daughter, Sahera Khatun and Tulson Bibi. Sahela died leaving husband Gahar Ali, daughter Chand Banu and sister Fulson. Chand Banu died unmarried leaving father Gaher Ali who subsequently mar......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......otwithstanding the time specified in section 339G of the said Code," 'trial of any case pending on the commencement of this Ordinance", "shall continue"' and marginal note "Special extension of time limit in certain “cases”' in section 8 of Ordin..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....nt having taken the second wife without the permission of the Arbitration Council the offence under section 6(5)(b) of the Muslim Family Law Ordinance, 1961 was committed by him. 8. On the other hand, Mr. Syiedur Rahman Mian appearing for the State supported the order of acquittal passed b......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....st-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently and dishonestly induced him to deliver the goods, on the other hand, it was at the instance of the opposite party that the new system of delivery of goods against ......se if the accused-petitioner would have by deception fraudulently and dishonestly induced the opposite party to deliver the goods then the act would fall under this definition. But as we have already noted it has been already stated in paragraph 5 of the complaint petition that it was the opposite p..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... Tribunal found a number of overwritings especially in the dates and therefore rejected the affidavit Ext. B as concocted for the purpose of the case. The appellate Court, on the other hand, took the following view: "It is our common knowledge that in our country when a......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under secti......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
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